IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


<^ 


^    ^w 


^ 


gBi   122 


I.I 


^   tS,    12.0 

u 


1^ 

1^  11^  Ui^ 


/," 

o 

^ 

FholDgraphic 

Sciences 

CorparatiQn 


# 


^ 

**>.. 


s> 


^^^\ 


^ 


23  WMT  MAM  STMIT 

WIMTM,N.Y.  14SM 
(714)  172^303 


i\ 


j 


**!^ 

1^^' 
^.^? 


^ 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVl/iCIVIH 
Collection  de 
microfiches. 


CanadiMn  Institute  for  Historical  Microroproductions  /  Institut  canadiert  da  microraproductions  historiquas 


<> 


^ 


\ 


Technical  and  Bibliographic  Notat/Notaa  technique*  nt  bibiiographiques 


The  institute  has  attempted  to  obtain  the  best 
origlnai  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significant^  change 
the  usual  method  of  filming,  are  checked  below. 


D 


D 


D 
D 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I   Covers  damaged/ 


Couverture  endommagto 

Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pelliculAe 


I      I   Cover  title  missing/ 


D 


Le  titre  dn  couverture  manque 


I      I   Coloured  maps/ 


Cartes  giographiques  en  couleur 


□   Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (I.e.  autre  que  bleue  ou  noire) 

I      I   Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
Reli6  avec  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  re  liure  serrie  peut  causer  de  I'ombre  ou  de  la 
distortion  le  long  de  la  marge  intirieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  aJoutAes 
lore  d'une  restauration  apparaissent  dans  le  texte. 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  4t4  filmias. 

Additional  comments:/ 
Commentaires  supplimentaires: 


L'Institut  a  microfilm*  le  meilleur  exemplaire 
qu'll  lui  a  AtA  possible  da  se  procurer.  Les  details 
de  cet  exemplaire  qui  sent  peut-dtre  uniques  du 
point  de  vue  bfbliographique.  qui  peuvent  modifier 
une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  mAthode  normale  de  f ilmege 
sont  indiqute  ci-dessous. 


|~n   Coloured  pages/ 


I — I   Pages  damaged/ 

I      I    Pages  restored  and/or  laminated/ 


Pages  Je  couleur 

Pages  damaged/ 
Pages  endommag6es 

Pages  restored  and/oi 

Pages  restauries  et/ou  pelliculAes 

0    Pages  discoloured  stained  or  foxed/ 
Pages  d6color6es,  tacheties  ou  piquies 

Pages  detached/ 
Pages  dAtach6es 

Showthrough> 
Transparence 

Quality  of  prir 

Qualit^  inAgale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  maiiriel  supplAmerstaire 

Only  edition  available/ 
Seule  Adition  disponible 


I     I  Pages  detached/ 

rri  Showthrough/ 

I     I  Quality  of  print  varies/ 

r~n  Includes  supplementary  material/ 

nn  Only  edition  available/ 


D 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ennure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata.  une  pelure, 
etc..  ont  M  filmAes  A  nouveau  de  fa^on  A 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  film*  au  taux  de  reduction  indlqui  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


XI    I    I 


12X 


16X 


aox 


a4x 


28X 


32X 


Th«  copy  filmad  h«r«  hat  b««n  rtproducad  thankt 
to  the  gonorosity  of: 

Library  of  the  Public 
Archivat  of  Canada 


L'axampiaira  film*  fut  raproduit  grAca  k  la 
gAniroait*  da: 

La  bibliothiqua  das  Archivat 
publiquat  du  Canada 


Tha  Imagaa  appaaring  hara  ara  tha  baat  quality 
pottibia  eonaldaring  tha  condition  and  lagibillty 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  tpacificationa. 


Original  coplaa  In  printad  papar  covara  ara  fllmad 
baginning  with  tha  front  covar  and  anding  on 
tha  latt  paga  with  a  printad  or  illuttratad  Impraa- 
aion,  or  tha  back  covar  whan  approprlata.  All 
othar  original  capiat  ara  fllmad  baginning  on  tha 
f  irtt  paga  with  a  printad  or  illuatratad  imprat- 
tion,  and  anding  on  tha  latt  paga  with  a  printad 
or  illuttratad  imprattlon. 


Tha  latt  racordad  frama  on  aach  microfiche 
thall  contain  tha  tymbol  — »>  (moaning  "CON- 
TliyUED").  or  tha  tymbol  V  (moaning  "END"), 
whichavar  appliat. 


Lat  imagaa  tuivantat  ont  AtA  raprodultat  avac  la 
plut  grand  toin.  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axampiaira  film*,  at  an 
conformity  avac  lat  conditiont  du  contrat  da 
filmaga. 

Laa  axamplairaa  originaux  dont  la  couvartura  an 
papiar  aat  imprimAa  tont  filmte  en  commanpant 
par  la  pramiar  plat  at  an  tarminant  toit  par  la 
darnlAra  paga  qui  comporta  una  amprainto 
d'Impraaaion  ou  d'illuttration.  toit  par  la  tacond 
plat,  talon  la  cat.  Tout  fat  autrat  axamplairaa 
originaux  aont  filmte  an  commanpant  par  la 
pramlAra  paga  qui  comporta  una  amprainta 
d'imprattion  ou  d'illuttration  at  an  tarminant  par 
la  darniAra  paga  qui  comporta  una  talla 
amprainta. 

Un  dat  tymbolaa  tulvantt  apparaftra  tur  la 
darnlAra  imaga  da  chaqua  microficha,  talon  la 
caa:  la  tymbola  — ►  tignifia  "A  SUIVRE",  la 
aymbola  V  aignifia  "FIN". 


Mapa,  platat.  chartt,  a>.^..  may  ba  fllmad  at 
diffarant  raduction  ratiot.  Thota  too  larga  to  ba 
antiraiy  includad  in  ona  axpotura  ara  fllmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  at  many  framaa  at 
raquired.  Tha  following  diagrama  illuatrata  tha 
mathod: 


Laa  sartat,  pianchaa,  tablaaux,  ate.  pauvant  Atra 
filmAt  A  daa  taux  da  rMuction  diffArantt. 
Loraqua  la  document  oat  trap  grand  pour  Atra 
raproduit  an  un  taul  clichA.  11  att  film*  A  partir 
da  I'angia  aupAriaur  gaucha.  da  gaucha  A  droita, 
at  da  haut  an  bat.  an  pranant  la  nombra 
d'imagat  nAcattaira.  Laa  diagrammat  tulvantt 
llluttrant  la  mAthoda. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

MEMORIALS 


rnESENTED  TO  THE 


COMMISSIONERS, 


UNDER  THE  TREATY  OF  JULY  1,  1863, 


UETWEEN 


GREAT  BRITAIN  AND  THE  UNITED  STATES, 


FOR  THE 


FINAL  SETTLEMENT  OF  THE  CLAIMS 


OF  THE 


Hudson's  Bav  and  Pnget's  Sound  Agricultural  Companies: 


PRESENTED  APRIL  17,  18G5. 


WASHINGTON: 
GOVEnNMENT    PRINTING    OFFICE. 

1865. 


On  (A 


On  th 


On  th 


Onth 


Out) 


Onti 


©fficers  of  t|e  Commission* 


COMMISSIONERS. 


On  the  part  of  the.  United  States — 

ALEXANDER  S.  JOHNSON. 


On  the  part  of  Great  Britain — 


JOHN  ROSE. 


UMPIRE. 
BENJAMIN  R.  CURTIS. 


O  O  U  N  S  E  1. . 

On  the  part  of  the  United  Slates — 

CALEB  GUSHING. 

On  the  part  of  Great  Britain — 

CHARLES  DEWEY  DAY. 
EDWARD  LANDER. 


CLERKS. 

Oh  the  part  of  the  United  States — 

GEORGE  GIBBS. 

On  the  part  of  Great  Britain — 

WILLIAM  FINLAY  GAIRDNER. 


OFFICE:  No.  355  //  Street  north,  between  Uth  and  15(A,  Washington. 


H 


«= 


MEMORIAL 


OF  THE 


HUDSON'S  BAY  COMPANY. 


1 


: 


1 


British  and  American  Joint  Commission  on  the  Hudson's 
Bay  and  Puget  Sound  Agricultural  Companies'  Claims. 


To  the  Honorable  thr  Commissioners: 

The  Governoriind  Compiiny  of  Adventurers  of  England,  trading 
into  Hudson's  Bay,  commonly  called  the  Hudson's  Bay  Com- 
pany, claimants,  submit  the  following  memorial  and  statement  of 
their  claims  upon  the  United  States;  and  for  facts  and  considera- 
tions in  support  of  such  claims,  respectfully  declare  : 

That,  in  the  year  1846.  and  for  a  great  number  of  years  pre- 
vious thereto,  the  Hudson's  Bay  Company  were  in  the  free  and 
full  enjoyment,  for  their  own  exclusive  use  and  bene6t,  of  certain 
rights,  possessions,  and  property  of  great  value,  within  and  upon 
the  Territory  of  the  Northwest  Coast  of  America  lying  westward 
of  the  Rocky  Mountains  and  south  of  the  49th  parallel  of  north 
latitude;  such  rights  consisting  as  well  in  extensive  and  valuable 
tracts  of  land,  whereupon  numerous  costly  buildings  and  en- 
closures had  been  erected  and  other  improvements  had  been 
made,  and  then  subsisted,  as  of  a  right  of  trade  which  vas 
virtually  exclusive,  and  the  right  of  the  free  and  open  navigation 
of  the  river  Columbia  within  the  said  territory. 

That  the  rights,  possessions,  and  property  thus  held  and  en- 
joyed by  the  Hudson's  Bay  Company,  had  bee.i  acquired  while 
the  said  territory  was  in  the  ostensible  possession  and  under  the 
sovereignty  and  government  of  the  crown  of  Great  Britain,  and 
the  company  held  and  enjoyed  the  same  with  the  knowledge  and 
consent,  and  under  recognitions,  both  express  and  implied,  of 
the  crown  of  Great  Britain,  and  by  persons  acting  under  its 
authority. 


8 


MEMORIAL    OF 


That,  liy  the  treuty  conclnck'd  between  Groat  Brituin  and  the 
United  States  of  America  on  the  15th  day  of  June,  1846,  while 
tlie  llndson's  Hay  Company  were  in  tho  full  and  free  possession 
and  enjoyment  of  their  said  rights,  it  was  in  efl'ect  declared  to 
be  desirable  lor  tho  future  welfare  of  l)oth  countries,  that  the 
state  of  doubt  and  uncertainty  which  had  theretofore  prevailed 
respecting  the  sovereignty  and  government  of  tho  territory  on 
the  northwest  coast  of  America  lying  westward  of  tho  Rocky 
Mountains,  should  be  finally  terminated  by  an  amicable  com- 
promise  of  the  rights  mutually  asserted  by  the  two  parties,  upon 
such  terms  of  settlement  as  might  be  agreed  upon;  and  there- 
upon, by  article  I.  of  the  said  treaty,  the  line  of  boundary  to  be 
thereafter  oliserved  between  the  territories  of  Great  Britain  and 
those  of  tlie  United  States  of  America,  then  in  (piestion,  was 
established  by  mutual  compromise  and  agreement. 

That,  by  article  III.  of  the  said  treaty,  it  was  provided:  That 
in  the  future  appropriation  of  the  territory  south  of  the  4yth 
parallel  of  north  latitude,  as  provided  in  article  I.  of  the  said 
treaty,  the  possessory  rights  of  the  Hudson's  Bay  Company,  and 
of  all  British  subjects  who  might  be  already  in  the  occupation  of 
land  or  other  property  lawfully  acquired  within  the  said  territory, 
should  be  respected;  and  by  article  II.  of  the  same  treaty  it  was 
further  provided,  that  from  the  point  at  which  the  49th  parallel 
of  north  latitude  should  be  found  to  intersect  the  great  northern 
branch  of  the  Columbia  lliver,  the  navigation  of  the  said  branch 
should  be  free  and  oj)en  to  the  Hudson's  Bay  Company,  and  to 
all  British  subjects  trading  with  the  same,  to  the  point  where 
the  said  branch  meets  the  main  stream  of  the  Columbia,  and 
thence  down  the  said  main  stream  to  the  ocean,  with  free  access 
into  and  through  the  said  river  or  rivers,  it  being  understood 
that  all  the  usual  portages  along  the  line  thus  described  should 
in  like  manner  be  free  and  open. 

That,  under  the  settlement  of  the  boundary  line  agreed  upon 
by  the  said  treaty,  and  defined  by  the  first  article  thereo*'  the 
said  territory,  w^iereof  the  Hudson's  Bay  Company  then  had  the 
actual  and  exclusive  control,  possession,  use,  and  enjoyment  a^ 


i 


THE    HUDSON  8   BAY   COMPANY. 


0 


tho 


1 

I 


i 


nforosaid,  foil  within  iiml  uiidor  tho  sovoroigiity  mid  povoninieiit 
of  tho  United  States;  and  undor  a  just  construction  of  tho  said 
treaty,  and  of  the  oblijj;ation  tlierein  assumed,  that  the  possessory 
rights  of  tho  Iludson's  IJay  Company  should  he  respected  accord- 
ing to  the  true  intent  and  meaning  of  the  same,  the  United 
States  became  and  were  botmd  to  uphold  and  maintain  tho  said 
company  in  tho  free,  undisturbed,  and  continual  occupancy,  use, 
and  enjoynient  of  all  tho  rights,  possessions,  and  property  then 
by  them  possessed  and  hehl,  and  to  protect  and  indemnify  them 
from  aggression  and  injuries,  by  or  through  any  person  acting, 
or  claiming  to  net,  under  the  authority  or  the  laws  of  the  United 
States. 

That  the  rights  which  the  United  States  were  so  held  to  re- 
spect, and  in  the  enjoyment  of  which  they  were  l)ound  to  uphold 
and  maintain  tho  company,  consisted  of:  — 

I b'fit.  The  free  and  undisturl)ed  possession,  use,  and  enjoyment 
in  perpetuity,  as  owners  thereof,  of  all  the  [)osts,  establishments, 
I'arms,  and  lands  hold  and  occupied  by  thorn  for  purposes  of  cul- 
ture or  pasturage,  or  for  tho  convonienco  of  trade,  with  all  tho 
buildings  and  other  improvements  thereupon. 

Secondbj.  Tho  right  of  trade  in  furs,  peltries,  and  other  articles, 
within  and  upon  the  whole  of  the  said  territory,  and  the  right 
of  cutting  timber  thereupon  for  sale  and  e.\port;itinn. 

Thirdly.  The  right  to  tho  free  and  open  navigation  of  tho 
Columbia  river,  from  tho  point  at  which  tho  40th  |>arallel  of 
north  latitude  intersects  tho  Great  Northern  branch  of  the  said 
river  down  to  tho  ocean,  with  a  like  free  and  open  use  of  tho 
portages  along  the  said  line. 

That  the  said  rights  have  not  been  respected  according  to  the 
terms  of  the  said  treaty  and  the  obligation  of  the  United  States 
resulting  therefrom;  but,  on  tho  contrary,  by  and  through  tho 
aggressions  and  proceedings  of  persons  acting,  or  claiming  to 
act,  under  the  authority  of  tiie  government,  or  of  the  laws  of 
the  United  States,  have  been  violated  and  restricted,  and  in  great 
part  extinguished  and  destroyed;  and  the  company,  by  reason  of 


10 


MEMORIAL   OP 


the  said  aggressions  and  proceedings,  huve  been  compelled  in 
many  cases  to  relinquish  the  same. 

That,  by  the  treaiy  concluded  on  the  Ist  day  of  July,  1863, 
it  was  agreed  that  all  q;iestions  between  the  United  States 
authorities  on  the  one  hand,  and  the  Iludsoji's  Bay  Company  on 
the  other,  witii  .-espect  to  the  possessory  right'  and  claims  of 
the  latter,  should  be  settled  by  the  transfer  of  those  rights  and 
claims  to  the  government  of  the  United  States  for  an  adequate 
money  consideration. 

And  the  claimants  now  submit  a  detailed  statement  and  valua- 
tion of  the  said  rights,  severally,  under  their  distinct  heads  or 
classes;  and  of  the  claim  of  the  Hudson's  Bay  Company  under 
and  by  virtue  of  the  said  treaty  and  of  the  premises  herein  set 
forth: 


I.  LANDS  AND  TRADING  ESTABl.ISHMENTS. 

The  forts,  posts,  establishments,  farms,  pastures,  and  other 
lands,  with  the  buildings  and  improvements  thereupon,  held  and 
possessed  within  the  said  territory  by  the  Hudson's  Bay  Com- 
pany, for  their  own  soie  use  and  benetit,  at  the  time  of  the  said 
treaty  of  1!).  15th  June,  1846,  and  for  a  long  time  before,  which 
had,  in  su.iio  instances,  been  acquired  from  prior  occnpat\ts.  and, 
in  others,  had  been  erected  and  made,  and  originally  settled  and 
occupied  by  the  company,  were  as  follows: 

The  |»ust  at  A^ANCOUVER,  so  called,  consisting  of  a  stockaded 
fort,  with  dwelling-houses,  store-houses,  t^chool-houses,  houses 
for  servants,  shops,  barns,  and  other  outbuildings,  with  a 
stockade  and  bastions,  erected  at  great  cost,  and  of  the  value  of 
fifty-five  thousand  pounds  sterling,  (£55,000;)  other  dwelling- 
houses  and  granaries,  dairies,  barns,  stables,  and  farm  buikiings 
a[)purtenant  to  the  said  post  for  the  purposes  of  i'arming  and 
trade,  built  at  various  points  near  to  the  main  po-t  at  Vancouver, 
and  on  Sauve's  Island,  together  with  saw-mills  and  llouring-mills, 
forges,  workshops,  and  store-houses,  all  erected  at  a  great  "ost 
at  the  time,  and  of  the  value  of  forty-five  thousand  pounds 
sterling,  (£45,000;)  the  tract  of  land  occupied,  possessed,  and 


I 

i 


THE   HUDSON  S   BAY   COMPANY. 


11 


I 


used  by  the  company  for  its  post  at  Vancouver,  including  its 
stfitions,  enclosed  and  cultivated  fields,  and  the  pasturage  for  its 
cattle,  horses,  and  sheep,  extending  in  front  along  the  bank  of 
the  Columbia  River  about  twenty  five  miles,  and  backward  from 
the  said  river  about  ten  miles;  and  Menzies'  Island,  so  called, 
occu|)ied  and  used  for  pasturage;  these  tracts  of  land,  with  the 
agricultural  improvements  made  thereupon,  at  a  great  cost,  were, 
at  the  time  of  the  said  treaty,  of  the  value  of  seventy-five 
thousand  pounds  sterling,  (£75,000.) 

The  said  several  sums,  making  together  the  entire  sum  of  one 
liundred  and  seventy-five  thousand  pounds  sterling,  (=£175, 000,) 
equal  to  eight  hundred  and  fifty-one  thousand  six  hundred  and 
sixty-six  dollars  and  sixty-seven  cents,  ($851,G66.67,)  the  claim- 
ants aver  to  be  the  value  of  the  fort,  buildings,  land,  and  establish- 
ment, at  and  near  Vancouver  and  on  Sauve's  Island,  which  they 
are  entitled  to  claim  and  receive  for  the  came. 

f\.  large  portion  of  the  land  thus  occupied,  possessed,  and  used 
has,  since  the  15th  day  of  Juno,  184G,  l>een  taken  from  the 
possession  of  the  company  by  American  settlers  claiming  under 
the  land  laws  of  the  United  States,  and  the  company  was  dispos- 
8e^sed  of  the  fort  and  establishment  at  Vancouver,  and  the  land 
near  thereto,  by  the  orders  of  the  military  ollicers  of  the  United 
States,  ill  the  year  18G0. 

The  post  at  CuAMi'OEfi,  consisting  of  one  dwelling-liouso,  one 
granary,  and  outbuildings,  all  of  tho  value  (<f  thiee  thousand 
pouiids  sterling,  (X;J,000;)  and  of  the  enclosed  land  of  the  value 
of  two  hundred  j)ounds  sterling,  (£200;)  and,  in  addition,  certain 
town  lots  in  the  town  of  Cliampoeg,  purchased  of  American  set- 
tlers, of  the  value  of  two  hundred  pounds  sterling,  (£200;)  making 
togetlier  the  entire  sum  of  three  thousand  four  hundred  pounds 
sterling,  (X3,400,)  equal  to  sixteen  thousand  five  hnndred  and 
forty-six  dollars  and  sixty-seven  cents,  ($10,54(1.(57.) 

The  post  at  the  mouth  of  the  Covvelitz  River,  consisting  of 
dwelling-house,  granaries,  and  outbuildings,  erected  by  the  com- 
pany, of  the  value  of  four  hundred  pounds  sterling,  (£400;)  and 
the  land  occupied  and  used  by  them,  of  the  value  of  one  hu»'.dred 


T 


12 


MEMORIAL   OF 


pounds  sterling,  (.£100.)  making  together  the  entire  sum  of  five 
hundred  pounds  sterling,  (=£500,)  equal  to  two  thousand  four  hun- 
dred and  thirty-three  dollars  and  thirty-three  cents,  ($2,433.33.) 

The  post  at  Fort  George,  commonly  called  Astoria,  consisting 
of  dwelling-houses,  store-houses,  and  outbuildings,  acquired  by 
the  company  from  the  prior  occupants,  of  the  cost  and  value  of 
seven  hundred  and  fifty  pounds  sterling,  (£750;)  and  two  acres 
of  land  whereupon  the  said  post  is  built,  and  thereto  appertain- 
ing, possessed  and  used  by  the  company,  and  being  of  the  value 
of  one  hundred  pounds  sterling,  (=£100;)  making  together  the 
entire  sum  of  eight  hundred  and  fifty  pounds  sterling,  (£850,) 
equal  to  four  tliousand  one  hundred  and  thirty-six  dollars  and 
sixty-seven  cents.  ($4. 136.G7.) 

This  ])ost  was  taken  possession  of  in  1849-50  by  the  ofiicers 
of  the  United  States. 

The  post  at  Cape  DiSAProrxTJiENT,  consisting  of  a  dwelling- 
house  and  store  erected  by  the  company,  of  the  value  of  one 
thousand  pounds  sterling.  (.£1,000;)  and  the  land  appertaining 
to  the  post  occuj)ied.  used,  and  possessed  by  them,  being  one 
mile  square,  and  of  the  value  of  two  thousand  pounds  sterling, 
(£2,000;)  making  together  the  entire  sum  of  three  thousand 
pounds  sterling,  (£.>.000,)  equal  to  fourteen  thousand  six  hundred 
dollars,  ($14,(j00.) 

The  last-mentioned  land,  or  a  portion  of  it,  since  the  date  of 
tlio  said  treaty,  was  taken  posf^ession  of  by  the  ofiicers  of  the 
United  States  fnr  a  light-house  or  other  public  purpose. 

The  post  at  CurxooK  or  Pillar  Rock,  a  fishing  station,  consist- 
ing of  a  curing-house  erected  by  the  company,  of  the  cost  and 
value  of  two  hundred  pounds  sterling,  (£200;)  and  the  land  used 
and  occupied  by  them  for  said  station,  of  the  value  of  one  hun- 
dred pounds  sterling.  (XlOO;)  making  together  the  entire  sum  of 
three  hnu'lred  pounds  sterling,  (X300,)  equal  to  one  thousand 
four  hundred  and  sixty  dollars,  ($1,4G0.) 

The  post  at  UMPyiJA.  consisting  of  dwelling-house,  barn, 
stables,  and  outbuildings,  erected  by  the  company,  of  the  coat 
and  value  of  three  thousand  pounds  sterling,  (X3,000;)  and  the 


THE  Hudson's  bay  company. 


13 


I 


land  used  and  occupied  by  them  for  forms  and  pasturage,  being 
u  mile  square  in  extent,  a  portion  of  which  was  fenced  and 
cultivated,  all  of  the  value  of  two  thousand  pounds  sterling, 
(X2,000;)  making  together  the  entire  s^^um  of  five  thousand 
pounds  sterling,  (£5,000,)  equal  to  twenty-four  thousand  three 
hundred     and     thirty-three     dollars    and     thirty-three    cents, 

($24,333.33.) 

The  whole  of  this  last- mentioned  land  is  now  occupied  by  an 
American  settler,  claiming  to  hold  the  same  under  the  laws  of 
the  United  States. 

The  post  of  Nez-Perces,  commonly  called  Walla- Walla,  con- 
sisting of  two  dwelling-houses  and  servants'  houses,  store-houses, 
aj)d  other  buildings  and  outbuildings,  walls  and  bastions,  all 
built  by  the  company,  of  adobe  brick,  and  of  the  cost  and  value 
of  three  thousand  two  hundred  pounds  sterling,  (£3,200;)  the 
land  on  the  Columbia  river  occupied  and  used  as  belonging  to 
the  said  post,  and  also  the  land  along  the  bank  of  the  said  river 
used  for  the  landing  of  the  company,  of  the  value  of  ten  thousand 
pounds  sterling,  (£10,000;)  the  hinds  surrounding  the  fort,  used 
as  pasturage,  of  the  value  of  two  thousand  pounds  sterling, 
(£2,000;)  the  farm  near  the  post,  being  of  some  thirty  acres, 
more  or  less,  in  extent,  of  the  value  of  one  thousand  five  hun- 
dred pounds  t^terling,  (£1,500;)  making  together  the  entire  sum 
of  sixteen  thousand  seven  hundred  pounds  sterling,  (£16,700,) 
equal  to  eighty-one  thousand  two  hu'idred  and  seventy-three 
dollars  and  thirty-three  cents,  ($81,273.33.) 

Tiiis  post  and  the  lands  were  abandoned  by  the  servants  of 
the  company  under  the  orders  of  the  United  States  authorities 

in  1855. 

The  post  at  Fort  Hall,  consisting  of  houses,  shops,  stores, 
mills,  and  outbuildings,  horse  pprks  and  walls,  all  of  adobe  brick, 
and  of  the  value  of  three  thousand  pounds  sterling,  (£3,000;) 
the  lands  enclosed  and  cultivated,  of  the  value  of  one  thousand 
pounds  sterling,  (£1,000;)  and  the  lands  occupied  and  used  for 
the  pasturage  of  horses  and  cattle,  of  great  extent,  and  of  the 
value  of  one  thousand  poujids  sterling,  (£1,000:)  making  together 


14 


MEMORIAL    OF 


the  entire  sum  of  five  tliousand  pounds  sterling,  (£5,000,)  equil 
to  twenty-four  thousand  three  hundred  and  thirty-three  dollars 
and  thirty-three  cents,  ($24,333.33.) 

This  post  was  necessarily  abandoned  by  the  company  on  account 
of  hostilities  between  the  United  States  and  the  Indian  tribes 
in  185G. 

The  post  at  Boise,  consisting  of  houses  and  outhouses,  biiild- 
ings,  wall  and  bastions,  and  horse  parks,  all  built  of  adobe  brick, 
and  of  the  cost  and  value  of  one  thousand  five  hundred  pounds 
sterling,  (,£1,500;)  about  three  miles  square  of  land  around  the 
post,  used  and  occupied  by  the  company  for  the  purpose  of 
agriculture  and  pasturage,  all  of  the  value  of  two  thousand  pounds 
sterling,  (£2,000;)  making  together  the  entire  sum  of  throe 
thousand  five  hundred  pounds  sterling.  (£3,500,)  equal  to  sLiven- 
teen  thousand  and  thirty-three  dollars  and  thirty-three  cents, 
($17,033.33.) 

This  post  was  necessarily  abandoned  by  the  company  in  con- 
sequence of  the  hostilities  between  the  United  States  and  the 
Indian  tribes  in  1855. 

The  post  at  Okanagan,  consisting  of  dwelling-houses,  servants' 
houses,    store-houses,   outbuildings,   all  of  adobi;,    stockade  and 
bastions,    erected   by   the    company,  and   of   the    value    of   two 
thousand  five  hundred  pounds  sterling,  (X2.500;)   thirty  acres  of 
land  at  the  fort,  used,  occnpied    and  cultivated  by  the  com[)any, 
of  the  value  of  one  thousand  [auinds  sterling,  (£1,000;)  j  iid  near 
and  belonging  thereto,  other  lands  for  the  i)asturage  of  herd?'  of 
horses,    of  the   vidne  of  five  hundred    pounds  steiling,  (X.)OO;) 
making  together  the  entire  sum  of  lour  thousand   pounds  ster- 
ling, (£4,000,)   equal    to   nineteen    thousand   four   hundred   and 
sixty-six  dollars  a'ld  sixty-seven  cents,  ($l!),4'5i!.G7.) 

The  post  at  Colvile,  coii>isting  of  dwelling  houses,  servj-.tits' 
houses,  shops,  storew,  outbuildings,  stables,  barns,  yards,  stock- 
ades and  bastions,  fiouring-mills  and  appurtenances,  all  erected 
by  the  company,  and  of  the  cost  and  value  of  ten  thousand 
pounds  sterling,  (£10.000;)  three  hundred  and  fifty  acres  of  land 
occupied  and  used  and  cultivated  as   farm   land,  and  about  five 


THE   HUDSON  S   BAY   COMPANY. 


15 


miles  scpiare  of  land  occupied  and  used  for  pasturage  of  their 
cattle  and  horses,  of  the  value  of  five  thousand  pounds  sterling, 
(Xo.OOO;)  the  White  Mud  farm,  (appurtenant  to  this  post,)  with 
a  house,  barn  and  stable,  store  and  outbuildings,  erected  upon  it 
by  the  compans-,  of  the  cost  and  value  of  one  thousand  pounds 
sterling,  (£1,000;)  the  land  used  and  occupied  as  a  farm,  thirty 
acres  of  extent,  and  of  the  value  of  five  hundred  pounds  ster- 
ling. (X.')00;)  nr-.king  together  the  entire  sum  of  sixteen  thousand 
five  hundred  pounds  sterling,  (£1G, 500.)  equal  to  eighty  thousand 
three  hundrt'<l  dollars,  ($80,300.) 

The  post  at  Kootanais,  consisting  of  houses  and  stores  erected 
by  the  company,  of  the  cost  and  value  of  five  hundred  pounds 
sterling,  (XoOO;)  the  land  occupied  a!id  used  for  the  post,  and 
near  thnreto.  of  small  extent,  of  the  value  of  five  hundred 
pounds  stejling,  (.£500;)  making  together  the  entire  sum  of  one 
thousand  pounds  sterling,  (XI, 000,)  equal  to  four  thousand  eight 
hundred  and  sixty  six  dollars  and  sixty-seven  cents,  ($4,800.07.) 
The  post  at  Flat-heads,  consisting  of  dwelling-houses  and 
store  and  of  a  small  piece  of  land  ew;losed  as  a  horse  yard,  of 
the  value  of  six  hundred  pounds  sterling,  (XfJOO,)  equal  to  two 
thonsand  nine  hunilred  and  twenty  dollars,  ($2, 920.) 

All  these  posts  were  established  and  maintained  for  the  sup- 
port of  their  servants,  and  of  others  in  the  employment  of  or 
trailing  with  the  company,  and  were  not  only  indispen  nible  for 
carrying  on  their  trade  in  the  country  south  of  the  49th  parallel 
of  iHirtli  latitude,  but  were  also  of  great  value  for  the  support 
of  their  posts  and  trade  in  the  country  north  of  that  parallel. 
Tliey  were  connected  with  and  dependent  upon  each  other,  and 
were  of  grea  er  value  to  the  company  when  ustil  together.  The 
farms  and  pasture  lands  were  also  of  great  annual  value. 

It  may  be  added,  that  the  discoveries  of  gold  and  other 
minerals,  which  have  been  made  within  a  few  years  past  upon 
lands  within  the  territory  occupied  by  the  company,  prove  their 
value  to  be  much  higher  than  any  estimate  which  could  have 
been  put  upon  them  before  t..eir  general  mineral  wealth  was 
known;  and  although  it  is  not  intended  to  urge  this  fact  as  a 
distinct  ground  of  claim,  yet  it  is  manifestly  fair  that  it  should 


16 


MEMORIAL   OF 


not  bo  without  influence  in  tlie  assessment  to  be  made  by  the 
commii^sioners. 

The  conijiany  have  been,  as  before  statf^l,  deprived  of  the  pos- 
session of  some  of  their  posts  and  farms  and  other  hinds,  by 
American  settlers  chiiniing  under  the  land  laws  of  the  United 
States;  of  some  by  the  action  of  the  olHcers  of  the  United  States; 
and  of  others  by  the  liostilities  between  the  United  States  and 
Indian  tribes;  wliich  said  tribc^s  had,  until  the  treaty  of  the  15th 
June,  184G,  been  under  the  control  of  and  at  peace  with  the 
said  company. 

The  privation  of  the  annual  profits  and  rents  of  these  farms 
and  latids,  and  the  occupation  of  their  posts,  and  the  compelled 
abandonment  of  the  said  posts  and  farms  and  lands,  have  caused 
to  the  company  damage  and  loss  to  an  amount  exceeding  fifty 
thousand  pounds  sterbng,  (X')0,000.) 

The  value  of  the  several  forts,  posts,  establishments,  farms, 
pasturages  and  lands,  with  the  buildings  and  improvements 
thereon,  amounts  in  ail  to  the  sum  of  two  hundred  and  thirty- 
five  thousand  three  hundred  and  fifty  pounds  sterling  (£235,350;) 
making,  together  with  the  sum  of  fifty  thousand  pounds  sterling 
(o£')U,00(>)  for  loss  sulfered  as  stated,  the  entire  sum  of  two 
hundred  and  eighty-five  thousnnd  three  hundred  and  fifty  pounds 
sterling,  (X28;"),;i5U.)  equal  toonemillion  three  hundred  and  eighty- 
eight  thousand  seven  bundled  and  three  dollars  and  thirty-three 
cents,  (§1,38^,703.33.) 

Which  the  Hudson's  Bay  Company  claim  and  are  entitled  to 
receive  from  the  United  States. 


II.  RIGHT  OF  TRADE. 

Tlie  chief  business  of  the  Hudson's  Bay  Company  in  the  year 
184(.i,  and  for  a  great  number  of  years  belbre,  was,  and  now  is, 
the  trade  with  Indian  tribes  in  furs,  peltries,  and  other  articles. 
It  was  a  trade  of  great  magnitude,  carried  on  in  Oregon  over  a 
wide  range  of  country,  and  involved  an  extensive  foreign  com- 
merce. Large  sums  of  money  were  annually  expended  in  it,  and 
the  returns  were  highly  profitable  and  important  to  the  general 
prosperity  of  the  company. 


kt 


THE    HUDSON  S   BAY   COMPANY. 


17 


to 


% 


For  the  proper  uiul  beneficuil  ciirryiiij^  on  of  that  trade,  the 
company  required,  not  only  to  hold  and  possess  the  posts,  estab- 
lishments, farms,  and  other  lands  already  described,  but  also  to 
have  the  control,  possession,  and  use  of  extensive  tracts  of  coun- 
try; and  they  had  in  fact,  at  and  before  the  date  of  the  treaty 
of  the  15th  June,  1.84G,  in  their  control,  possession,  and  use,  for 
such  purposes,  a  largo  portion  of  the  country  lyiniii-,  as  herein- 
before mentioned,  on  the  northwest  coast  of  America,  to  the 
westward  of  the  Rocky  mountains,  south  of  the  49th  parallel  of 
north  latitude,  and  known  as  Oregon.  And  they  had  tlorein 
and  thereupon  a  right  of  trade  -which  was  virtually  exclusive. 

The  profits  derived  from  their  said  trade,  before  and  in  the 
year  184G,  exceeded  in  each  year  the  sum  of  seven  thousand 
pounds  sterling. 

And  such  right  of  trade,  and  tiie  control,  possession,  and  use 
of  the  said  territory  for  the  purposes  thereof,  independently  of 
their  foreign  commerce  and  the  sale  of  ti.aber,  exceeded  in  total 
value  the  sum  of  two  hundred  thousand  pounds  sterling. 

Under  the  settlement  of  tlie  boundary  lino  by  the  treaty  of 
the  15th  June,  1846,  the  said  territory  fell  under  the  sovereignty 
and  government  of  the  United  States;  and  by  reason  thereof, 
and  of  the  acts  and  proceedings  had  and  taken  under  and  by 
color  of  the  authority  and  of  the  laws  of  the  United  States,  the 
control,  possession,  and  use  of  the  said  territory  by  the  Hudson's 
Bay  Company,  for  the  purposes  of  their  trade,  and  their  rights 
in  the  exercise  and  carrying  on  of  their  trade  in  furs,  peltries, 
and  other  articles,  as  well  as  their  trade  in  the  shipment  and 
sale  of  timber  and  their  foreign  commerce,  were  restricted  an(' 
denied,  and  in  effect  wholly  taken  away  and  lost;  and  for  their 
said  rights,  and  the  forced  relinquishment  and  loss  thereof,  they 
claim  the  said  sura  of  two  hundred  thousand  pounds  sterling, 
(£200,000,)  equal  to  nine  hundred  and  seventy-three  thousand 
three  hundred  and  thirty-three  dollars  and  thirty-three  cents, 
(#97r.,;i']a.33.) 

III.  NAVIGATION  OF  THE  COLUMBIA  KIVEK. 

The  Hudson's  Bay  Company  aver  that,  under  the  treaty  of  the 
2 


18 


MKMOUIAl,    OF 


15th  Juno,  1846,  by  article  IV.  of  that  treaty,  thoy  have  a 
right  to  the  I'reo  and  open  navigation  of  the  north  branch  of  the 
Columbia  River,  from  the  point  at  which  the  same  is  intersected 
by  the  40th  [)arallel  of  north  latitude  to  the  main  stream,  and 
thence  to  the  ocean,  with  free  access  and  passage  into  and 
through  the  said  river  or  rivers;  and  that  British  subjects  trad- 
ing with  them  have  an  equal  riglitof  navigation;  and  that,  lit  the 
company,  and  to  those  thus  trading  with  them,  the  portages  of 
the  said  river  or  rivers  along  the  linos  thus  described  ought  to 
be,  and  of  right  are,  free  and  oocn. 

The  right  thus  to  navigate  the  said  river  or  rivers,  and  to 
pass  unobstructed  over  their  portages,  was  and  is  of  great  value 
to  the  company,  and  is  also  of  great  and  increasing  political  and 
national  value  t')  the  United  States,  and  for  its  relinquishment 
and  transfer  tin  company  claim  and  are  entitled  to  receive  tlie 
sum  of  three  hundred  thousand  pounds  sterling,  (t300,000, ) 
equal  to  one  million  four  hundred  and  sixty  thousand  dollars, 
($1,400,000.) 

In  addition  to  the  special  statements  hereinbefore  contained, 
the  Hudson's  T.ay  Company  submit  that,  throughout  a  long  stM-ies 
of  years,  they  expended  large  sums  of  money  and  devoted  much 
labor  and  time  in  elVui  ts  to  bring  the  native  population  into 
such  a  condition  that  safe  and  protitable  relations,  in  regard  to 
trade  and  general  intercourse,  could  be  established  with  them. 
The  exploration  of  the  country,  the  expenditure  for  labor,  and 
of  the  parties  engaged,  the  opening  of  roads,  th(5  strong  force 
required  as  a  protection  against  the  Indians,  their  conciliation 
l)rought  about,  sometimes  by  a  resort  to  forcible  measures,  but 
chiefly  by  liberal  dealing,  ellected  a  great  change  in  the  condi- 
tion of  tiie  country,  rendering  it  fit  for  immediate  settlement. 
These  were  substantial  bcnelits  to  the  government  and  people  of 
the  United  States,  under  whose  sovereignty  this  territory  fell, 
and  could  not  have  been  secured  without  a  very  large  outlay. 
It  is,  of  course,  impossible  to  give  any  minute  details  of  expen- 
ditures of  this  class,  and  of  the  advantages  which  the  United 
States  have  derived  from  them,  but  the  justice  of  extending  to 
the  Hudson's  Bay  Company  liberal  compensation,  founded  on 


THE  Hudson's  juy  company. 


19 


these  considemtloiis,  is  too  apparent  to  allow  of  anv  leasonable 
hesitation  in  admitting  it. 

It  is  obvious  that,   of  the  three  classes  .,f  claims  set  forth  in 
the    ioregoing  memorial,    the  first  only  consists  of  particulars 
which,  in  their  tuiture,  admit  of  direct  proof  of  value;  but  with 
respect  even    to    these,   the    honorable    the  commissioners    ,uv 
earnestly    requested   to    notice    that   circunistancos    which    the 
chiimants  could  in  no  u-)gree  prevent  or  control,  have  -rcatly 
impaired  the  means  of  producing  such  j.roof  in  the  positPvo  anil 
complete  form  which,  uthi  rwisc,  they  would  hiivc^  been  enabled 
to    do.      Among    these    c-ircumstanees    nmy    be    s;.e(ilied    the 
aggressive  acts  a.jd  the  general  conduct  of  American  cii.  .ens. 
and  of  persons  acting  under  the  authority  of  the  United  States 
commencing  shortly  after  the  15th  June'    181G,  and  continuing 
from  year  to  year,  by  which  the  rights  of  the  eh-imants  under 
that  treaty  were  violated  and  deni.Ml,   and   thi:-  property  and 
possessions  were,    in  some  instances,  usurped   and  taken  from 
them,  and,  in  others,  were  necessarily  abandoned.     This  course 
of  conduct  was,   perhaps,    to  be  expected,   from  the  anomalous 
position  in  which  the  company  were  placed— a  foreign  corpora- 
tion  exercising  a   qmsi  sovereignty   and  exclusive  rights  over 
territory  transferred  to  a  power  whose  policy  in  dealing  with 
such  territory  was  diametrically  opposed  to  that  which  the  com- 
pany pursued,  and  from  which  they  derived  their  profits.     But 
however  this  may  be,   it  is  an  undoubted  consequence  to  the 
company  that  their  rights  and  possessions  have  been  thereby 
made  of  comparatively  little  value,  and  the  ditliculty  of  obtain- 
ing evidence  upon  them  has  been  rendered  very  great.     This 
ditliculty   has  been  essentially  increased   b\    t'lie  lapse   ot  time 
since  the  claims  first  arose.      A  delay  of  seventeen  years  intei-- 
vened,  during  which   the  United  St;ites,  while  failing  to  cause 
the  rights  of  the  Hudson's  IJay  Company  to  be  respected,  con- 
tinued to  refuse  any  satisfactory  settlement  of  their  demands. 
The  inevitable  effect  of  this  delay,    now   extended   to  nearly 
twenty  years,  has  been  to  remove  by  death,  or  otherwise,  the 
greater  number  of  important  yvitnesses,  and  to  weaken  the  evi- 
dence which  is  stlil  available,  both  by  the  remoteness,  in  point 


20 


MKMOllIAL    OF 


<>l  tiino.  (•!  tlu'  facts  Id  bo  cstiiblislied,  aiul  by  reason  of  tho 
natural  decay  or  of  the  disappearance  of  much  whicli  consti- 
tnted  the  value  of  tlii'  ri;j,hts  and  possessions  for  which  the  pro- 
sent  claims  arc  made. 

With  respect  to  the  second  and  third  classes  of  claims  set 
forth,  the  ilaimaiils  solicit  the  attention  of  the  honoratle  the 
commissioneis  to  the  fact  before  alluded  to,  that  they  are  of  a 
nature  which  does  not  admit  of  a  formal  and  precise  valuation 
by  testimony.  Consisting  as  they  do  of  important  rights  of 
trade,  and  of  other  rights  of  a  public  and  national  character, 
they  are  nmnifestly  of  great  value.  Hut  the  estimation  to  be 
[mt  upon  them,  and  the  amount  of  the  money  consideration  to 
be  paid  fur  their  relinquishment  and  transfer,  must  be  settled  by 
the  judgment  of  the  connnissioners,  founded  upon  their  own  ex- 
|)erience  and  knowledge,  aided  by  public  documents  and  the 
recorded  opinions  of  statesmen  and  writers  of  authority,  and  by 
such  general  estimates  under  oath  as  it  may  be  possible  to 
obtain. 

The  claimants  have  made  the  foregoing  statement  and  obser- 
vations wit!)  respect  to  evidence  for  the  purpose  of  urging  for 
the  serious  consideration  of  the  honorable  the  commissioners, 
that  in  their  examination  and  decision  of  the  present  claims, 
they  ought  not  to  be  restrained  by  the  rules  which  are  observed 
in  the  trial  of  ordinary  issues  in  courts  of  law.  Those  rules, 
under  the  circumstances  and  for  the  reasons  above  declared,  the 
claimants  contend  should  be  liberallv  modilied  and  relaxed  in 
the  present  case:  and  they  respectfully,  yet  formally  an<l 
solemnly,  protest,  that  a  strict  application  of  them,  in  the  con- 
sideration of  their  claim,  would  be  unreasonable  and  unjust. 

In  conclusion,  the  Hudson's  Bay  Company  submit  that,  upon 
the  facts  and  circumstances,  and  for  the  reasons  and  consider- 
ations herein  set  forth,  they  are  entitled  to  claim  and  receive 
from  the  United  States  the  several  sums  here  following: 

First.  For  their  forts,  posts,  establishments,  farms,  pastur- 
age, and  other  lands,  with  the  buildings  and  improvements 
thereon,  as  hereinbefore  set  forth,  the  sum  of  two  hundred  and 


I 


TIIK    HUDSON  S    IJAY   COMPANY. 


21 


oighty-fivc    tliousimd    three  linndred  am:   fiftv  poiimls  .stDiliii;^:', 
(£-J8u,350.) 

Secondly.  For  the  right  of  trado.  as  hcnMiibeloro  st-t  forth, 
the  sum  of  two  hundred  thousand  pounds  sterling,  (£200,000.) 

Thii'dhj.  For  the  right  of  tho  frco  navigation  of  the  Coluni- 
biii  rivor,  as  horcinbeforo  sot  forth,  the  sum  of  three  liundr(?(l 
tliousand  pounds  sterling,  (i:;}00,000.) 

Tho  said  several  sums  making  togethei'  the  entire  sum  of 
seven  hundred  and  eighty-live  thousand  three  iiundred  and  lifty 
pounds  sterling,  (XTSf),. '{GO,)  equal  to  three  million  eighthundrcd 
and  twenty-two  thousand  and  thirty-six  dollars  and  sixty-seven 
cents,  ($3,8:i2,0:JG.()7.) 

And  the  Hudson's  Hay  Company  ask  that  tht;  honorable  the 
commissioners  will,  after  duo  examination,  maintain  the  said 
claim  as  just  and  reasonable,  and  will  decide  that  the  United 
States  ought  to  pay  to  the  comi)any.  in  discharge  of  their  said 
claims  and  rights,  and  for  the  transfer  of  them,  the  sfjd  sum  of 
seven  hundred  and  eighty-live  thousand  three  hundred  and  fifty 
pounds,  in  sterling  money  of  Great  Britain,  equal  to  three 
million  eight  hundred  and  twenty-two  tlu»usand  and  thirty-six 
dollars  and  sixty-seven  cents  in  gold,  to  be  paid  at  the  time  and 
in  the  manner*provided  by  the  said  treaty  of  the  1st  ''uly,  1863. 

And  the  claimants  declare  that,  for  the  said  sum  of  money,  or 
for  such  other  sum  as  tho  honorable  the  commissioners  may 
justly  award,  they  are  ready  and  willing  to  transfer  to  the 
United  States  all  their  rights  and  claims  according  to  the  terras 
of  the  said  two  treaties. 

CHS.  J).  DAY. 
Coiohselfor  ihe  Ihidson'f^  Boy  Company. 

Dated  April  S,  18G5. 


I;;; 


>r  E  ^r  o  R I  A  I. 


or-  Tin: 


PUilET'S  SOUND  AdRIClII/niUAL  COMPANV. 


^      s     >» 


British  and  American  Joint  Commission  on  the  Hudson':* 
Hay  and  Puget  Sound  Agricultural  Companies'  Claims. 


1\)  tllO  H0N0UA15Li;  THE  COMMISSIONKRS: 

The  Piigot  Sound  Aj^ricultural  Company  submit  tlio  I'ollowin^ 
memorial  and  statement  of  their  chiims  upon  the  United  States; 
and  IbrfaetH  and  considerations  in  support  oi' such  claims,  resjject- 
lidly  declare: 

That  in  the  vear  1840,  and  lor  nuinv  vears  previous  theretu, 
the  Puget  Sound  Agricultural  Company  were,  and  since  have 
been,  engaged  in  the  business  of  agricultures  and  farming,  and 
of  breeding  and  raising  live  stock;  and  for  tlie  purposes  and  in 
the  course  of  carrying  on  their  said  business,  they  acipiired  and 
became  possessed  as  owners  thereof,  before  the  said  time,  of 
(rertain  farms  and  extensive  tracts  of  land  in  the  territory  lying 
on  the  northwest  coast  of  America  to  the  south  oi'  tiie  40th 
parallel  of  north  latitude  and  north  of  the  Columl»ia  river. 

That,  upon  portions  of  tiieir  said  lands,  there  were  jrectod  and 
maile  by  them,  buildings,  enclosures,  and  other  impro\  enioiits  of 
great  cost  and  value;  and  the  company  also  owned  and  pos- 
sessed, and  ])astured  and  fed  upon  the  said  lands,  their  said  live- 
stock, consisting  of  large  and  valuable  herds  of  cattle  and 
horses,  and  Hooks  of  sheep;  from  tb.e  sale  and  disposal  of  which, 
and  of  the  other  i)ro(luctions  of  their  said  farms  and  land,  they 
received  great  annual  returns  and  profit. 

That  by  article  IV.  of  the  treaty  concluded  l)ctwc(Mi  the  United 
States  of  America  and  Great  IJritain,  under  date  of  the  15th 
(lay  of  June,  1810,  it  was  ])rovided:  that  the  farms,  lands,  and 
other  |)roperty  of  every  description  belonging  to  the  Puget 
Sound  Agricultural  Company,  on  the  north  side  of  the  Columbiii 
river,  should  be  conlirmed  to  tlu;  said  conipany;  but  that  in  case 
the  situation  of  those  farius  and  lands  should  be  considered  bv 


26 


MEMORIAL    OF    THK 


the  United  States  to  be  of  public  and  political  importunoe,  and 
the  United  States  government  sliould  signify  a  desire  to  obtain 
possession  of  the  whole,  or  of  any  part  thereol",  the  property  so 
re(iuired  should  be  transferred  to  the  said  government,  at  iv 
proper  valuation,  to  be  agreed  Ujion  between  the  parties. 

That  the  govcnnnent  of  the  United  States  has  not,  at  any 
time,  signified  to  the  company  a  desire  that  any  of  th"  said 
property  sliould  be  transferred  to  the  said  goveriini'jnt.  at  a 
valuation  as  provided  by  the  treaty,  nor  has  any  transfer  thereof 
been  made:  but  the  company  have  ever  since  coiitinued  to  be 
the  rightful  owners  of  the  said  lands,  farms,  and  other  property, 
and  entitled  to  the  free  and  undisturbed  possession  and  enjoy- 
ment thereof. 

That,  by  a  convention  concluded  between  the  two  govern- 
ments on  the  1st  day  of  July,  1S(J3,  it  was  agreed  that  all 
(piestions  between  the  United  States  authorities  on  the  one 
hand,  and  the  Puget  Sound  Agricultural  Conii)aiiy  on  the  other, 
with  respect  to  the  rights  and  claims  of  the  latter,  should  be 
settled  by  the  transfer  of  such  rights  and  claims  to  the  govern- 
ment of  the  United  States  t\)r  an  adeciuate  money  eonsideration. 

And  the  claimants  aver  that  the  rights  and  claims  of  the 
Puget  Sound  Agricultural  Company,  referred  to  and  intended  in 
and  by  the  said  convention,  are  their  rights  and  claims  in  and 
U{)on  the  said  lands,  farms,  and  othei'  property  of  every  descrip- 
tion which  they  so  held  and  possessed  within  the  said  territory, 
and  whif'h,  ])y  reason  of  the  said  treaty  of  the  15th  June,  184G. 
and  according  to  tlie  terms  of  the  Iburth  article  thereof,  the 
United  States  becanu-  and  were  liound  t(t  confirm.  And  of  the 
';ai(l  farms  and  other  ])roperty,  they  now  submit  to  the  honorable 
the  commissioners  a  detailed  statement  and  valmition  as 
follows: 

Fli-'it.  The  tract  of  land  at  Nis(puilly,  extending  along  the 
shores  of  Puget  Sound,  from  the  Nistpndly  river,  on  the  one 
side,  to  the  Pu-yal-lup  river  on  the  other,  and  back  to  the 
coast  rango  of  mountains,  containing  not  le>s  than  two  huiulred 
anil   sixty-one    square   miles,    or  one    hundred  and    sixty-seven 


PUOETS    SOUND    AGRICULTURAL    COMPANY. 


27 


tliousiind  and  forty  acres;  (»!"  which  said  tract  of  land  a  portion 
is  improved  and  under  cultivation  for  farming  and  atiriculture, 
and  the  remaining'  [)()rtion  thereof  was  occupied  and  used  by  the 
company  for  the  grazing  and  pnsturage  of  tlieir  cattle,  horses, 
and  sheep,  and  for  cutting  wood  and  timber  thereon,  and  for 
other  purposes  connected  with  their  business:  the  whole  being 
of  the  value  of  one  hundred  and  sixty  thousand  pounds  sterling. 
(€160,000;)  the  fort,  bastions,  houses,  stores,  barns,  shops,  and 
outbuilding:!,  with  the  fencing  and  enclosures  at  the  main  post 
and  establishment,  and  the  houses,  barns,  outbuildings,  fencing, 
and  enclosures  at  the  other  points  on  the  said  land,  of  the  cost 
and  value  ;.f  four  thousand  pounds  sterling.  (€4.000;)  these  two 
sums  niakiug  together  the  entire  sum  of  one  hundred  and  sixty- 
four  thousand  pounds  sterling,  (€104,000.)  equal  to  seven 
hundred  and  ninetv-eight  tliousand  one  hundred  and  thirty -three 
dollars  and  Hiirty-three  t-ents,  ($798,  ISo.So.) 

Secondh/.  The  land  and  farm  at  the  Cowelit;:  river  known  as 
the  Cowelit/,  farm,  consisting  of  three  thousand  live  hundred 
and  seventy-two  acres,  more  or  less,  of  which  ujjwards  of  fifteen 
hundred  acres  are  improved  and  under  cultivation  for  farming 
and  agricultural  purposes,  and  the  remaining  portion  is  used  for 
cattle  and  sheep  ranges  and  ])asturag(>,  and  for  other  purposes 
co!inected  with  the  business  of  the  said  company:  the  said  last- 
mentioned  land  being  of  the  value  of  twenty  thousand  pounds 
sterling.  (€20,000;)  the  eslaVtlishment  and  buildings  of  the 
Cowelit/  I'arm,  consisting  o|"  dwelling-houses,  saw-mills,  stores, 
granaries,  barns,  stables,  sheds,  and  piggeries,  and  of  a  great 
extent  of  fencing  and  ciiclosures.  of  the  value  of  six  thousand 
pounds  sterling,  (.€(!, 000:)  the  said  two  last-mentioned  sums 
making  togetluM-  the  entiri'  sum  of  IwtMity-six  thousand  ])Ounds 
sterling.  (€20,000.)  equal  to  one  hundredand  twe)ity-six thousand 
live  hundred  and  thirty-thri'i!  dollai's  and  thirty-three  cents, 
($12(>,5;5n.;!8.) 

Thlrdhj.   The  company  also  owned   and   possessed   live  stock. 
consistiiiLC  nl'  three  thousand  one  htmdred  head  of  neat   cuttle, 


28 


MEMOlilAl.    OF    THE 


llireo  huiuU-ecl  and  til'ty  liorses,  ami  live  thousand  three  hundred 
sheep,  of  the  value  of  twenty-live  thousand  pounds  sterling, 
(X2'),000;)  which  were  pastured  and  fed  on  their  said  lands 
before  and  at  the  time  of  tlie  conclusion  of  the  treaty  of  the 
loth  June,  184G,  and  afterwards,  until  the  time  of  the  commis- 
sion (if  the  acts  and  injuries  hereinafter  mentioned,  by  which 
the  greater  part  of  the  said  live  stock  was  either  killed  or  driven 
away,  and  entirely  lost  to  the  company,  witiiin  a  few  years  after 
the  time  of  the  said  treaty. 

And  the  claimants  aver  that  although  at  the  time  of  the  con- 
clusion of  the  treaty  of  the  1.5th  June.  184G,  and  for  a  long  time 
before,  they  held  and  possessed  the  said  lands,  farms,  and  other 
property  as  owners  thereof,  and  the  United  States,  by  the  terms 
and  according  to  the  conventions  contained  in  the  last  treaty, 
undertook  and  were  bound  to  confirm  them  in  the  same;  yet  the 
United  States  failed  to  execute  or  grant  to  the  said  company  any 
formal  title  of  conlirmation  of  their  said  lands,  farms,  and  other 
property;  and  by  reason  thereof,  and  of  the  acts  and  proceed- 
ings of  oflicers  of  the  United  States,  and  of  American  citizens, 
and  of  others  assuming  to  act  under  the  authority  of  the  laws 
or  of  the  government  of  the  United  States,  the  company  were 
deprived  of  the  use  and  enjoyment  of  a  large  portion  of  their 
lands,  farms,  and  other  property,  and  of  the  rents,  fruits,  and 
profits  thereof;  their  pasturage  was  destroyed  or  taken  from 
them;  their  live  stock  killed  or  driven  off  and  wholly  lost  to 
them;  and  their  entire  liusiness  broken  up  or  rendered 
unprofitable. 

And  the  claimants  have,  in  consequence,  suflered  loss  to  the 
amount  of  fifty  thousand  pounds  sterling,  (X50,000,)  equal  to  two 
hundred  and  forty-three  thousand  three  iiundred  and  thirty- 
three  dollars  and  thirty-foJir  cents,  (?<243, 33.'>.34.) 

It  may  be  added,  as  indicative  of  the  value  of  their  property, 
and  in  some  degree  of  the  nature  and  extent  of  th(^  injuries  to 
which  the  company  were  exposed,  that  while  they  were  thus 
suflering  from    aggressions,    and   were   disturlxnl   in    their   pos- 


rUGET8    SOUND    AGKICITLTUKAL    COMPANY, 


29 


I'll 


aessioii,  as  above  stated,  a  [tortion  oC  their  lands  was  assessed, 
for  the  purpose  of  taxation,  at  a  vahie  of  $817,000;  and  they 
were  conipeUed  to  piiy  taxes  (hereupon  i'rom  year  to  year,  and 
have  actually  paid,  for  such  ta    js,  iho  sum  of  !^U,r)(MJ. 

In  eonelnsion,  the  claimants  submit  to  the  honorable;  the  com- 
missioners, that  they  are  entitled  to  claim  and  receive  the  fair 
value  of  their  said  farms  and  extensive  tracts  of  land,  and  a  just 
compensation  for  the  capital  expended  in  the  acquisitidu  and 
improvement  of  their  said  properly,  and  in  tin;  buildin.'^s.  forts. 
mills,  trading'  establisliments.  and  enclosures  thereon;  and  fur- 
ther compensation  for  the  loss  of  tlieir  livestock,  and  for  other 
loss  sulVereel  by  them  in  consequence  of  the  acts  and  proceed- 
ing's hereinbefore  comi»lained  of.  And  they  ask  that,  upon  the 
facts  and  circumstances,  and  for  the  reasons  and  considerations 
hereinbefore  set  forth,  the  honorable  the  commissioners  will, 
after  due  examination,  maintain  their  claim  sis  just  and  reason- 
able, and  will  decide  that  the  United  States  ought  to  [)ay  to  the 
said  company,  in  satisfaction  and  discharge  of  their  said  rights 
and  claims,  and  as  a  proper  valuation  and  adequati-  money  con- 
sideration lor  the  transfer  and  relinquishment  of  them,  the 
several  sums  hereinbefore  specilied  and  now  following;  that  is 

to  say: 

For  the  farms  and  laud,  with  the  buildings,  forts,  trading 
establishments,  and  improvements  thereon,  one  hundred  and 
ninety  thousand  pounds  sterling,  (£190,000;)  for  the  loss  of  the 
livestock,  and  other  loss  sulVered  by  them  l)y  reason  of  the 
acts  and  proceedings  hereinbefore  complained  of.  iifty  thousand 
pounds  sterling,  ( £00,000;)  making  together  the  entire  sum  of 
two  hundred  and  forty  thousand  pounds  sterling  money  of  Great 
Britain,  (£240,000,)  eciual  to  the  sum  of  one  million  one  hundred 
and  sixty-eight  thousand  dollars,  ($1,168,000.)  to  be  i)aid  in 
gold,  at  the  time  and  in  the  manner  provided  by  the  treaty  of  1st 

July,  1803. 

And  the  clainnmts  declare  that,  for  the  said  sum  of  money,  or 
for  such  other  sum  as    the  honorable  the    commissioners  may 


30 


MEMORIAL   OF   THE    I'UGET  S   SOUND   AOR  L   CO. 


justly  award,  they  arc  ready  and  willing  to  transfer  to  the  United 
States  all  their  rights  iind  elaiuis  according  to  the  terms  of  the 
said  two  treaties.  .• 

ClIS.   I).  DAY, 

Counsel  for  the  Paget  Souiid  Atjr'l  Co)iii>  tmj. 

Dated  April  10.  18(!"). 


